New Hampshire House Bill HB1031

New Hampshire 2022 Regular Session

• Introduced: 11/2/21
• Refer: 11/2/21
• Report DNP: 2/8/22

Caption

Prohibiting law enforcement from encrypting public frequencies.

Impact

The impact of HB 1031 on state laws involves amendments to existing laws regarding encrypted communications. Specifically, it introduces new sections to RSA 104 and RSA 106-B that clearly articulate the prohibition on encryption. The bill mandates that law enforcement can only encrypt communications during specific high-stakes incidents, thus balancing transparency with operational safety. This suggests a shift towards greater public oversight of police activities and reinforces the notion that law enforcement should operate openly unless necessary to restrict access during crucial situations.

Summary

House Bill 1031 aims to prohibit law enforcement agencies in New Hampshire from encrypting their communication frequencies. This bill was introduced to ensure that the public has access to law enforcement communications except during highly sensitive situations, such as hostage negotiations or operations that require confidentiality for safety reasons. By preventing encryption, the bill intends to maintain transparency in law enforcement activities and allow citizens to monitor police communications, which can promote accountability and trust within the community.

Sentiment

The sentiment surrounding HB 1031 appears to be generally supportive among advocates of police transparency and community activists who demand greater oversight of law enforcement. Proponents argue that public access to police communications is essential for community engagement and safety. However, there are concerns among some law enforcement officials regarding operational security and the potential for compromising sensitive incidents if encryption is not permitted during emergencies. This tension reflects a complex dialogue between the rights of the public to be informed and the duties of law enforcement to protect sensitive information.

Contention

Notable points of contention surrounding the bill include the balance between public safety and transparency. While proponents emphasize the benefits of a transparent policing process, critics express concerns about the potential risks involved when sensitive communications can be monitored publicly. The bill also raises questions about how law enforcement will navigate incidents that may require a quick decision on whether to encrypt communications, indicating a complex challenge in operational protocols. The success of the bill hinges on its ability to effectively delineate what constitutes a 'highly sensitive incident' while providing adequate public access to police communications.